Response Protocol for I-9 Audit and Immigration Raid

May 18, 2018 § Leave a comment

An I-9 audit (also known as an Administrative Inspection) begins when ICE gives a Notice of Inspection to a company, requesting a review of I-9 forms for every employee. This notice must given at least 3 days before the inspection takes place. ICE is only allowed to request I-9 forms and a list of current and past employees with their social security numbers.

After the inspection takes place, the company is given feedback and is allowed ten days to correct any mistakes found by ICE. If corrections are not made, fines can reach up to $1,100 per violation. If ICE has found that the company is employing an unauthorized worker and the company has not terminated or provided proper documentation, fines can reach up to $16,000 per violation.

Raids take place when ICE shows up to a company to search the premises, question workers, and review documentation without giving a notice to the employer. Raids require prior approval through a judicial search warrant. Judicial search warrants give ICE permission to search parts of the business not open to the public.

In the case of a raid, it is recommended that the employer pick a “response lead” The lead will have the responsibility of informing management and other important personnel,  The lead should also inform the ICE agent in charge of the raid that they are the point of contact during the raid.

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